Wright v. . Wheeler
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Rockingham County, at the Fall Term, 1847, his Honor Judge Bailey presiding. The defendant, in the year 1843, was, and still is, Cleric of the Court of Pleas and Quarter Sessions of Rocking-ham County. In that year a writ issued from his office* at the suit of one Charles G. Taft against the present plaintiff Nathan Wright.
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Appeal from the Superior Court of Law of Rockingham County, at the Fall Term, 1847, his Honor Judge Bailey presiding. The defendant, in the year 1843, was, and still is, Cleric of the Court of Pleas and Quarter Sessions of Rocking-ham County. In that year a writ issued from his office* at the suit of one Charles G. Taft against the present plaintiff Nathan Wright. The plaintiff’s declaration states, that the defendant did issue said writ, and caused it to be placed in the hands of the sheriff, “without having taken of him, the said Charles G. Taft, before issuing said writ, sufficient…
1Opinion of the CourtNash, J.
In the opinion of the Court below, we entirely concur. The defendant, by signing the writ in blank, and suffering it, in that situation, to leave the office, became responsible for the act of the person, who did issue it, without taking the security as directed by law. He thereby constituted Mr. Read- his agent, or in the words of the Act, Mr. Read was his assistant in issuing it. The language of the 46th section is, “ If any clerk by himself, or his assistant in office &c.” and the 45th directs, “ that the clerk by himself or his deputy &c.” thereby recognising in the act to be done by the…
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